Alberta proposes splitting regulator into two separate agencies

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In an effort to improve regulatory efficiency, Alberta is contemplating splitting its Energy and Utilities Board into two separate regulatory bodies, the province's Department of Energy said.

The Alberta Utilities Commission Act, also known as Bill 46, would split the EUB into a new Energy Resources Conservation Board and a new Alberta Utilities Commission.

The ERCB would concentrate "exclusively on the responsible development of Alberta's energy resources," while the AUC would oversee the distribution and sale of gas and electricity to Alberta consumers in addition to overseeing decisions on new transmission facilities.

"This bill will help ensure our regulatory system can effectively manage growth pressures and provide all Albertans with access to a robust regulatory authority as we develop our resource and utilities system," Alberta Energy Minister Mel Knight said.

"This new structure will create two distinct bodies of experts that can make timely decisions to capitalize on opportunities that are in the public interest," he added.

The Utilities Consumer Advocate will operate as part of the new AUC, with an expanded mandate including representing small gas and electricity consumers in regulatory proceedings, along with having "the direct responsibility to solicit the views of Albertans on utility matters," the province's DOE said.

As such, the new AUC will "continue to recognize the need to balance the rights of affected landowners, municipal policies and the province's overall need for new transmission."

Bill 46 also will strengthen the investigative powers of the Market Surveillance Administrator to ensure that gas and power markets "are fair, efficient and openly competitive."

Fines for breaches of market conduct will be increased to up to C$1 million a day against offending market participants, the province's DOE said. However, the new structure will not change the operations of rural electrification associations, nor of municipalities that own distribution wires and are not currently regulated by the EUB.

The Alberta Legislature will take up Bill 46 this fall. Assuming the bill is passed, the new structure should take effect on January 1, 2008. In the meantime, the EUB will continue to act on filings and applications currently under consideration.

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Company Becomes UK's Second-Largest Electricity Operator

Second-Largest UK Grid Operator advancing electricity networks modernization, smart grid deployment, renewable integration, and resilient distribution, leveraging acquisitions, data analytics, and infrastructure upgrades to boost reliability, efficiency, and service quality across regions and energy sector.

 

Key Points

A growing electricity networks operator advancing smart grids, renewable integration, and reliability.

✅ Expanded via acquisitions and regional growth

✅ Investing in smart grid, data analytics, automation

✅ Enhancing reliability, resilience, renewable integration

 

In a significant shift within the UK’s energy sector, a major company has recently ascended to become the second-largest electricity networks operator in the country. This milestone marks a pivotal moment in the industry, reflecting ongoing changes and competitive dynamics in the energy landscape, such as the shift toward an independent system operator in Great Britain. The company's ascent underscores its growing influence and its role in shaping the future of energy distribution across the UK.

The company, whose identity is a result of strategic acquisitions and operational expansions, now holds a substantial position within the electricity networks sector. This new ranking is the result of a series of investments and strategic moves aimed at strengthening its network capabilities and, amid efforts to fast-track grid connections across the UK, expanding its geographical reach. By achieving this status, the company is set to play a crucial role in managing and maintaining the electricity infrastructure that serves millions of households and businesses across the UK.

The rise to the second-largest position follows a period of significant growth and transformation for the company. Recent acquisitions have enabled it to enhance its network infrastructure, integrate advanced technologies, adopting a more digital grid approach, and improve service delivery. These developments come at a time when the UK is undergoing a significant transition in its energy sector, driven by the need for modernization, sustainability, and resilience in response to evolving energy demands.

One of the key factors contributing to the company's new status is its focus on upgrading and expanding its electricity networks. Investments in modernizing infrastructure, such as the commissioning of a 2GW substation to boost capacity, incorporating smart grid technologies, and enhancing operational efficiencies have been central to its strategy. By leveraging cutting-edge technology and data analytics, the company is able to optimize network performance, reduce outages, and improve overall reliability.

The company’s expansion into new regions has also played a crucial role in its growth. By extending its network coverage, including assets like the London electricity tunnel that enhance supply routes, the company has been able to provide electricity to a larger customer base, increasing its market share and influence in the sector. This expansion not only enhances its position as a major player in the industry but also supports the broader goal of ensuring reliable and efficient electricity distribution across the UK.

The shift to becoming the second-largest operator also reflects broader trends in the UK energy sector. The industry is experiencing a period of consolidation and transformation, driven by regulatory changes, technological advancements, and the push towards decarbonization, with similar momentum seen in British Columbia's clean energy shift that underscores global trends. The company’s ascent is indicative of these broader dynamics, as firms adapt to new challenges and opportunities in a rapidly evolving market.

In addition to operational and strategic advancements, the company’s rise is aligned with the UK’s broader energy goals. The government has set ambitious targets for reducing carbon emissions and increasing the use of renewable energy sources. As a major electricity networks operator, the company is positioned to support these goals by integrating renewable energy into the grid, including projects like the Scotland-to-England subsea link that carry remote generation, enhancing energy efficiency, and contributing to the transition towards a low-carbon energy system.

The company’s new status also brings with it a range of responsibilities and opportunities. As one of the largest operators in the sector, it will have a significant role in shaping the future of electricity distribution in the UK. This includes addressing challenges such as grid reliability, energy security, and the integration of emerging technologies. The company’s ability to manage these responsibilities effectively will be crucial in ensuring that it continues to deliver value to customers and stakeholders.

The transition to becoming the second-largest operator is not without its challenges. The company will need to navigate a complex regulatory environment, manage stakeholder expectations, and address any operational issues that may arise from its expanded network. Additionally, the competitive nature of the energy sector means that the company will need to continuously innovate and adapt to maintain its position and drive further growth.

In summary, the company’s achievement of becoming the second-largest electricity networks operator in the UK represents a significant milestone in the energy sector. Through strategic acquisitions, infrastructure investments, and operational enhancements, the company has strengthened its position and expanded its reach. This development highlights the evolving landscape of the UK energy sector and underscores the importance of modernization and innovation in meeting the country’s energy needs. As the company moves forward, it will play a key role in shaping the future of electricity distribution and supporting the UK’s energy transition goals.

 

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No time to be silent on NZ's electricity future

New Zealand Renewable Energy Strategy examines decarbonisation, GHG emissions, and net energy as electrification accelerates, expanding hydro, geothermal, wind, and solar PV while weighing intermittency, storage, materials, and energy security for a resilient power system.

 

Key Points

A plan to expand electricity generation, balancing decarbonisation, net energy limits, and energy security.

✅ Distinguishes decarbonisation targets from renewable capacity growth

✅ Highlights net energy limits, intermittency, and storage needs

✅ Addresses materials, GHG build-out costs, and energy security

 

The Electricity Authority has released a document outlining a plan to achieve the Government’s goal of more than doubling the amount of electricity generated in New Zealand over the next few decades.

This goal is seen as a way of both reducing our greenhouse gas (GHG) emissions overall, as everything becomes electrified, and ensuring we have a 100 percent renewable energy system at our disposal. Often these two goals are seen as being the same – to decarbonise we must transition to more renewable energy to power our society.

But they are quite different goals and should be clearly differentiated. GHG emissions could be controlled very effectively by rationing the use of a fossil fuel lockdown approach, with declining rations being available over a few years. Such a direct method of controlling emissions would ensure we do our bit to remain within a safe carbon budget.

If we took this dramatic step we could stop fretting about how to reduce emissions (that would be guaranteed by the rationing), and instead focus on how to adapt our lives to the absence of fossil fuels.

Again, these may seem like the same task, but they are not. Decarbonising is generally thought of in terms of replacing fossil fuels with some other energy source, signalling that a green recovery must address more than just wind capacity. Adapting our lives to the absence of fossil fuels pushes us to ask more fundamental questions about how much energy we actually need, what we need energy for, and the impact of that energy on our environment.

MBIE data indicate that between 1990 and 2020, New Zealand almost doubled the total amount of energy it produced from renewable energy sources - hydro, geothermal and some solar PV and wind turbines.

Over this same time period our GHG emissions increased by about 25 percent. The increase in renewables didn’t result in less GHG emissions because we increased our total energy use by almost 50 percent, mostly by using fossil fuels. The largest fossil fuel increases were used in transport, agriculture, forestry and fisheries (approximately 60 percent increases for each).

These data clearly demonstrate that increasing renewable energy sources do not necessarily result in reduced GHG emissions.

The same MBIE data indicate that over this same time period, the amount of Losses and Own Use category for energy use more than doubled. As of 2020 almost 30 percent of all energy consumed in New Zealand fell into this category.

These data indicate that more renewable energy sources are historically associated with less energy actually being available to do work in society.

While the category Losses and Own Use is not a net energy analysis, the large increase in this category makes the call for a system-wide net energy analysis all the more urgent.

Net energy is the amount of energy available after the energy inputs to produce and deliver the energy is subtracted. There is considerable data available indicating that solar PV and wind turbines have a much lower net energy surplus than fossil fuels.

And there is further evidence that when the intermittency and storage requirements are engineered into a total renewable energy system, the net energy of the entire system declines sharply. Could the Losses and Other Uses increase over this 30-year period be an indication of things to come?

Despite the importance of net energy analysis in designing a national energy system which is intended to provide energy security and resilience, there is not a single mention of net energy surplus in the EA reference document.

So over the last 30 years, New Zealand has doubled its renewable energy capacity, and at the same time increased its GHG emissions and reduced the overall efficiency of the national energy system.

And we are now planning to more than double our renewable energy system yet again over the next 30 years, even as zero-emissions electricity by 2035 is being debated elsewhere. We need to ask if this is a good idea.

How can we expand New Zealand’s solar PV and wind turbines without using fossil fuels? We can’t.

How could we expand our solar PV and wind turbines without mining rare minerals and the hidden costs of clean energy they entail, further contributing to ecological destruction and often increasing social injustices? We can't.

Even if we could construct, deliver, install and maintain solar PV and wind turbines without generating more GHG emissions and destroying ecosystems and poor communities, this “renewable” infrastructure would have to be replaced in a few decades. But there are at least two major problems with this assumed scenario.

The rare earth minerals required for this replacement will already be exhausted by the initial build out. Recycling will only provide a limited amount of replacements.

The other challenge is that a mostly “renewable” energy system will likely have a considerably lower net energy surplus. So where, in 2060, will the energy come from to either mine or recycle the raw materials, and to rebuild, reinstall and maintain the next iteration of a renewable energy system?

There is currently no plan for this replacement. It is a serious misnomer to call these energy technologies “renewable”. They are not as they rely on considerable raw material inputs and fossil energy for their production and never ending replacement.

New Zealand is, of course, blessed with an unusually high level of hydro electric and geothermal power. New Zealand currently uses over 170 GJ of total energy per capita, 40 percent of which is “renewable”. This provides approximately 70 GJ of “renewable” energy per capita with our current population.

This is the average global per capita energy level from all sources across all nations, as calls for 100% renewable energy globally emphasize. Several nations operate with roughly this amount of total energy per capita that New Zealand can generate just from “renewables”.

It is worth reflecting on the 170 GJ of total energy use we currently consume. Different studies give very different results regarding what levels are necessary for a good life.

For a complex industrial society such as ours, 100 GJ pc is said to be necessary for a high levels of wellbeing, determined both subjectively (life satisfaction/ happiness measures), and objectively (e.g. infant mortality levels, female morbidity as an index of population health, access to nutritious food and educational and health resources, etc). These studies do not take into account the large amount of energy that is wasted either through inefficient technologies, or frivolous use, which effective decarbonization strategies seek to reduce.

Other studies that consider the minimal energy needed for wellbeing suggest a much lower level of per capita energy consumption is required. These studies take a different approach and focus on ensuring basic wellbeing is maintained, but not necessarily with all the trappings of a complex industrial society. Their results indicate a level of approximately 20 GJ per capita is adequate.

In either case, we in New Zealand are wasting a lot of energy, both in terms of the efficiency of our technologies (see the Losses and Own Use info above), and also in our uses which do not contribute to wellbeing (think of the private vehicle travel that could be done by active or public transport – if we had good infrastructure in place).

We in New Zealand need a national dialogue about our future. And energy availability is only one aspect. We need to discuss what our carrying capacity is, what level of consumption is sustainable for our population, and whether we wish to make adjustments in either our per capita consumption or our population. Both together determine whether we are on the sustainable side of carrying capacity. Currently we are on the unsustainable side, meaning our way of life cannot endure. Not a good look for being a good ancestor.

The current trajectory of the Government and Electricity Authority appears to be grossly unsustainable. At the very least they should be able to answer the questions posed here about the GHG emissions from implementing a totally renewable energy system, the net energy of such a system, and the related environmental and social consequences.

Public dialogue is critical to collectively working out our future. Allowing the current profit-driven trajectory to unfold is a recipe for disasters for our children and grandchildren.

Being silent on these issues amounts to complicity in allowing short-term financial interests and an addiction to convenience jeopardise a genuinely secure and resilient future. Let’s get some answers from the Government and Electricity Authority to critical questions about energy security.

 

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Starting Texas Schools After Labor Day: Power Grid and Cost Benefits?

Texas After-Labor Day School Start could ease ERCOT's power grid strain by shifting peak demand, lowering air-conditioning loads in schools, improving grid reliability, reducing electricity costs, and curbing emissions during extreme heat the summer months.

 

Key Points

A proposed calendar shift to start school after Labor Day to lower ERCOT peak demand, costs, and grid risk.

✅ Cuts school HVAC loads during peak summer heat

✅ Lowers costly peaker plant use and electricity rates

✅ Requires calendar changes, testing and activities shifts

 

As Texas faces increasing demands on its power grid, a new proposal is gaining traction: starting the school year after Labor Day. This idea, reported by the Dallas News, suggests that delaying the start of the academic year could help alleviate some of the pressure on the state’s electricity grid during the peak summer months, potentially leading to both grid stability and financial savings. Here’s an in-depth look at how this proposed change could impact Texas’s energy landscape and education system.

The Context of Power Grid Strain

Texas's power grid, operated by the Electric Reliability Council of Texas (ERCOT), has faced significant challenges in recent years. Extreme weather events, record-breaking temperatures, and high energy demand have strained the grid, and some analyses argue that climate change, not demand is the biggest challenge today, leading to concerns about reliability and stability. The summer months are particularly taxing, as the demand for air conditioning surges, often pushing the grid to its limits.

In this context, the idea of adjusting the school calendar to start after Labor Day has been proposed as a potential strategy to help manage electricity demand. By delaying the start of school, proponents argue that it could reduce the load on the power grid during peak usage periods, thereby easing some of the stress on energy resources.

Potential Benefits for the Power Grid

The concept of delaying the school year is rooted in the potential benefits for the power grid. During the hottest months of summer, the demand for electricity often spikes as families use air conditioning to stay cool, and utilities warn to prepare for blackouts as summer takes hold. School buildings, typically large and energy-intensive facilities, contribute significantly to this demand when they are in operation.

Starting school later could help reduce this peak demand, as schools would be closed during the hottest months when the grid is under the most pressure. This reduction in demand could help prevent grid overloads and reduce the risk of power outages, at a time when longer, more frequent outages are afflicting the U.S. power grid, ultimately contributing to a more stable and reliable electricity supply.

Additionally, a decrease in peak demand could help lower electricity costs. Power plants, particularly those that are less efficient and more expensive to operate, are often brought online during periods of high demand. By reducing the peak load, the state could potentially minimize the need for these costly power sources, leading to lower overall energy costs.

Financial and Environmental Considerations

The financial implications of starting school after Labor Day extend beyond just the power grid. By reducing energy consumption during peak periods, the state could see significant savings on electricity costs. This, in turn, could lead to lower utility bills for schools, businesses, and residents alike, a meaningful relief as millions risk electricity shut-offs during summer heat.

Moreover, reducing the demand for electricity from fossil fuel sources can have positive environmental impacts. Lower peak demand may reduce the reliance on less environmentally friendly energy sources, and aligns with calls to invest in a smarter electricity infrastructure nationwide, thereby decreasing greenhouse gas emissions and contributing to overall environmental sustainability.

Challenges and Trade-offs

While the proposal offers potential benefits, it also comes with challenges and trade-offs. Adjusting the school calendar would require significant changes to the academic schedule, potentially affecting extracurricular activities, summer programs, and family plans, and comparisons to California's reliability challenges underscore the complexity. Additionally, there could be resistance from various stakeholders, including parents, educators, and students, who are accustomed to the current school calendar.

There are also logistical considerations to address, such as how a delayed start might impact standardized testing schedules and the academic calendar for higher education institutions. These factors would need to be carefully evaluated to ensure that the proposed changes do not adversely affect educational outcomes or create unintended consequences.

Looking Ahead

The idea of starting Texas schools after Labor Day represents an innovative approach to addressing the challenges facing the state’s power grid. By potentially reducing peak demand and lowering energy costs, and alongside efforts to connect Texas's grid to the rest of the nation, this proposal could contribute to greater grid stability and financial savings. However, careful consideration and planning will be essential to navigate the complexities of altering the school calendar and to ensure that the benefits outweigh the challenges.

As Texas continues to explore solutions for managing its power grid and energy resources, the proposal to shift the school year schedule provides an intriguing possibility. It reflects a broader trend of seeking creative and multifaceted approaches to balancing energy demand, environmental sustainability, and public needs.

In conclusion, starting schools after Labor Day could offer tangible benefits for Texas’s power grid and financial well-being. As discussions on this proposal advance, it will be important to weigh all factors and engage stakeholders to ensure a successful and equitable implementation.

 

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California's Next Electricity Headache Is a Looming Shortage

California Electricity Reserve Mandate requires 3.3 GW of new capacity to bolster grid reliability amid solar power volatility, peak demand, and wildfire-driven blackouts, as CPUC directs PG&E, Edison, and Sempra to procure resource adequacy.

 

Key Points

A CPUC order for utilities to add 3.3 GW of reserves, safeguarding grid reliability during variable renewables and peaks

✅ 3.3 GW procurement to meet resource adequacy targets

✅ Focus on grid reliability during peak evening demand

✅ Prioritizes renewables, storage; limits new fossil builds

 

As if California doesn’t have enough problems with its electric service, now state regulators warn the state may be short on power supplies by 2021 if utilities don’t start lining up new resources now.

In the hopes of heading off a shortfall as America goes electric, the California Public Utilities Commission has ordered the state’s electricity providers to secure 3.3 additional gigawatts of reserve supplies. That’s enough to power roughly 2.5 million homes. Half of it must be in place by 2021 and the rest by August 2023.

The move comes as California is already struggling to accommodate increasingly large amounts of solar power that regularly send electricity prices plunging below zero and force other generators offline so the region’s grid doesn’t overload. The state is also still reeling from a series of deliberate mass blackouts that utilities imposed last month to keep their power lines from sparking wildfires amid strong winds. And its largest power company, PG&E Corp., went bankrupt in January.

Now as natural gas-fired power plants retire under the state’s climate policies, officials are warning the state could run short on electricity on hot evenings, when solar production fades and commuters get home and crank up their air conditioners. “We have fewer resources that can be quickly turned on that can meet those peaks,” utilities commission member Liane Randolph said Thursday before the panel approved the order to beef up reserves.

The 3.3 gigawatts that utilities must line up is in addition to a state rule requiring them to sign contracts for 15% more electricity than they expect to need. Some critics question the need for added supplies, particularly after the state went on a plant-building boom in the 2000s.

But California’s grid managers say the risk of a shortfall is real and could be as high as 4.7 gigawatts, especially during heat waves that test the grid again. Mark Rothleder, with the California Independent System Operator, said the 15% cushion is a holdover from the days before big solar and wind farms made the grid more volatile. Now it may need to be increased, he said.

“We’re not in that world anymore,” said Rothleder, the operator’s vice president of state regulatory affairs. “The complexity of the system and the resources we have now are much different.”

The state’s three major utilities, PG&E, Edison International and Sempra Energy, will be largely responsible for securing new supplies. The commission banned fossil fuels from being used at any new power generators built to meet the requirement — though it left the door open for expansions at existing ones.

Some analysts argue California is exporting its energy policies to Western states, making electricity more costly and less reliable.

PG&E said in an emailed statement that it was pleased the commission didn’t adopt an earlier proposal to require 4 gigawatts of additional resources. Edison similarly said it was “supportive.” Sempra didn’t immediately respond with comment.

 

Extending Deadlines

The pending plant closures are being hastened by a 2020 deadline requiring California’s coastal generators to stop using aging seawater-cooling systems. Some gas-fired power plants have said they’ll simply close instead of installing costly new cooling systems. So the commission on Thursday also asked California water regulators to extend the deadline for five plants.

The Sierra Club, meanwhile, called on regulators to turn away from fossil fuels altogether, saying their decision Thursday “sets California back on its progress toward a clean energy future.”

The move to push back the deadline also faces opposition from neighboring towns. Redondo Beach Mayor Bill Brand, whose city is home to one of the plants in line for an extension, told the commission it wasn’t necessary, since California utilities already have plenty of electricity reserves.

“It’s just piling on to that reserve margin,” Brand said.

 

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More than Two-thirds of Americans Indicate Willingness to Give or Donate Part of their Income in Support of the Fight Against Climate Change

U.S. Climate Change Donation Survey reveals Americans' willingness to fund sustainability via government incentives, electrification, and renewable energy. Public opinion favors wind, solar, and decarbonization, highlighting policy support post-pandemic amid economic recovery efforts.

 

Key Points

A 2020 U.S. poll on climate attitudes: donation willingness, renewable support, and views on government incentives.

✅ 70% would donate income; 31% would donate nothing.

✅ 59% prefer government incentives; 47% support taxes, conservation.

✅ 85% land wind, 83% offshore wind, 90% solar support.

 

A new study of American consumers' attitudes toward climate change finds that more than two-thirds of respondents (70%) indicate their willingness to give or donate a percentage of their personal income to support the fight against climate change and the path to net-zero electricity emissions by mid-century. 

Twenty-eight percent indicated they were willing to provide less than 1% of their income; 33% said they would be willing to contribute 1-5% of their income; 6% said they would give between 6-10% of their income; and 3% indicated they would contribute more than 10% of their income. Just under one-third (31%) of those surveyed indicated they were unwilling to give or donate any percentage of their income to support the fight against climate change.

The U.S. findings are part of a series of surveys commissioned by Nexans in the U.S., UK and France, in order to determine public opinion on climate change and related issues in the wake of the COVID-19 pandemic. The U.S. study was conducted online by Researchscape from August 20 – 24, 2020. It had 1,013 respondents, ages 18 or older, with the results weighted to be representative of the overall population (variables available upon request).

Nexans, is headquartered in Paris with a major offshore wind cable manufacturing facility in Charleston, S.C. and an industrial cable manufacturing facility in El Dorado, Ark. The company is fully committed to fighting climate change and is helping to make sustainable electrification possible. The survey was developed as part of its celebration of the first Climate Day in Paris which included a roundtable event with world-renowned experts, the release of an unprecedented global study by Roland Berger on the challenges raised by the electrification of the world, the question of whether the global energy transition is on track, and Nexans' own commitment to be carbon neutral by 2030.

Paying the Tab to Address Climate Change

Participants were given the opportunity to choose from seven multiple responses to the question "How should the fight against climate change be paid for?" The majority (59%) replied it should be paid for by "government incentives for both businesses and consumers." It was followed by "federal, state and/or local taxes" and "conservation programs" (tied at 47%); "business investments" (42%), such as carbon-free electricity initiatives, and "consumer-driven purchases" (33%). Just 9% selected none of the above and 2% selected other.

"Through the organization of this Climate Day, Nexans is asserting itself not only as an actor but also a thought leader of the energy transition for a sustainable electrification of the world. This electrification raises a number of challenges and paradoxes that must be overcome. And it will only happen with the direct involvement of the populations concerned. These surveys provide a better understanding of the level of information and disinformation, including climate change denial, in public opinion as well as their level of acceptability of these lifestyle changes," said Christopher Guérin, CEO, Nexans.

Among other findings, 44% are dissatisfied with the job that federal and state governments are doing to address climate change, while utilities like Duke Energy face investor pressure to release climate reports, 35% are somewhat satisfied and 21% are either very satisfied or completed satisfied with government's role.

Americans expressed overwhelmingly favorable views of wind and solar renewable energy proposals, as carbon emissions fall when electricity producers move away from coal. Specifically, 85% stated being in favor of wind turbines on land (15% against), 83% in favor of wind turbines off the coast (17% against) and 90% in support of solar panel farms (10% opposed).

Those surveyed were asked about their current and changing priorities towards climate change as influenced by the coronavirus pandemic and impacts like extreme heat on electricity bills. Thirty-nine percent indicated that climate change was no more and no less a priority due to the current health emergency; just under a third (31%) indicated that climate change is more of a priority while 30% said it was less of a priority.

In similar research conducted by Nexans in the United Kingdom, nearly two thirds (65.8%) of UK respondents said they would be willing to donate part of their salary to fight climate change. Furthermore, nearly a third (29%) of the UK's consumers believe that combating climate change has become more of a priority in light of the coronavirus pandemic. The UK research was conducted online by Savanta from August 21 – 24, 2020. A total of 2210 respondents, aged 16 and above, representative of the UK population took part.

 

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Court reinstates constitutional challenge to Ontario's hefty ‘global adjustment’ electricity charge

Ontario Global Adjustment Charge faces constitutional scrutiny as a regulatory charge vs tax; Court of Appeal revives case over electricity pricing, feed-in tariff contracts, IESO policy, and hydro rate impacts on consumers and industry.

 

Key Points

A provincial electricity fee funding generator contracts, now central to a court fight over tax versus regulatory charge.

✅ Funds gap between market price and contracted generator rates

✅ At issue: regulatory charge vs tax under constitutional law

✅ Linked to feed-in tariff, IESO policy, and hydro rate hikes

 

Ontario’s court of appeal has decided that a constitutional challenge of a steep provincial electricity charge should get its day in court, overturning a lower-court judgment that had dismissed the legal bid.

Hamilton, Ont.-based National Steel Car Ltd. launched the challenge in 2017, saying Ontario’s so-called global adjustment charge was unconstitutional because it is a tax — not a valid regulatory charge — that was not passed by the legislature.

The global adjustment funds the difference between the province’s hourly electricity price and the price guaranteed under contracts to power generators. It is “the component that covers the cost of building new electricity infrastructure in the province, maintaining existing resources, as well as providing conservation and demand management programs,” the province’s Independent Electricity System Operator says.

However, the global adjustment now makes up most of the commodity portion of a household electricity bill, and its costs have ballooned, as regulators elsewhere consider a proposed 14% rate hike in Nova Scotia.

Ontario’s auditor general said in 2015 that global adjustment fees had increased from $650 million in 2006 to more than $7 billion in 2014. She added that consumers would pay $133 billion in global adjustment fees from 2015 to 2032, after having already paid $37 billion from 2006 to 2014.

National Steel Car, which manufactures steel rail cars and faces high electricity rates that hurt Ontario factories, said its global adjustment costs went from $207,260 in 2008 to almost $3.4 million in 2016, according to an Ontario Court of Appeal decision released on Wednesday.

The company claimed the global adjustment was a tax because one of its components funds electricity procurement contracts under a “feed-in tariff” program, or FIT, which National Steel Car called “the main culprit behind the dramatic price increases for electricity,” the decision said.

Ontario’s auditor general said the FIT program “paid excessive prices to renewable energy generators.” The program has been ended, but contracts awarded under it remain in place.


National Steel Car claimed the FIT program “was actually designed to accomplish social goals unrelated to the generation of electricity,” such as helping rural and indigenous communities, and was therefore a tax trying to help with policy goals.

“The appellant submits that the Policy Goals can be achieved by Ontario in several ways, just not through the electricity pricing formula,” the decision said.

National Steel Car also argued the global adjustment violated a provincial law that requires the government to hold a referendum for new taxes.

“The appellant’s principal claim is that the Global Adjustment was a ‘colourable attempt to disguise a tax as a regulatory charge with the purpose of funding the costs of the Policy Goals,’” the decision said. “The appellant pressed this argument before the motion judge and before this court. The motion judge did not directly or adequately address it.”

The Ontario government applied to have the challenge thrown out for having “no reasonable cause of action,” and a Superior Court judge did so in 2018, saying the global adjustment is not a tax.

National Steel Car appealed the decision, and the decision published Wednesday allowed the appeal, set aside the lower-court judgment, and will send the case back to Superior Court, where it could get a full hearing.

“The appellant’s claim is sufficiently plausible on the evidentiary record it put forward that the applications should not have been dismissed on a pleadings motion before the development of a full record,” wrote Justice Peter D. Lauwers. “It is not plain, obvious and beyond doubt that the Global Adjustment, and particularly the challenged component, is properly characterized as a valid regulatory charge and not as an impermissible tax.”

Jerome Morse of Morse Shannon LLP, one of National Steel Car’s lawyers, said the Ontario government would now have 60 days to decide whether to seek permission to appeal to the Supreme Court of Canada.

“What the court has basically said is, ‘this is a plausible argument, here are the reasons why it’s plausible, there was no answer to this,’” Morse told the Financial Post.

Ontario and the IESO had supported the lower-court decision, but there has been a change in government since the challenge was first launched, with Progressive Conservative Premier Doug Ford replacing the Liberals and Kathleen Wynne in power. The Liberals had launched a plan aimed at addressing hydro costs before losing in a 2018 election, the main thrust of which had been to refinance global adjustment costs.

Wednesday’s decision states that “Ontario’s counsel advised the court that the current Ontario government ‘does not agree with the former government’s electricity procurement policy (since-repealed).’

“The government’s view is that: ‘The solution does not lie with the courts, but instead in the political arena with political actors,’” it adds.

A spokesperson for Ontario Energy Minister Greg Rickford said in an email that they are reviewing the decision but “as this matter is in the appeal period, it would be inappropriate to comment.” 

Ontario had also requested to stay the matter so a regulator, the Ontario Energy Board, could weigh in, while the Nova Scotia regulator approved a 14% hike in a separate case.

“However, Ontario only sought this relief from the motion judge in the alternative, and given the motion judge’s ultimate decision, she did not rule on the stay,” Thursday’s decision said. “It would be premature for this court to rule on the issue, although it seems incongruous for Ontario to argue that the Superior Court is the convenient forum in which to seek to dismiss the applications as meritless, but that it is not the convenient forum for assessing the merits of the applications.”

National Steel Car’s challenge bears a resemblance to the constitutional challenges launched by Ontario and other provinces over the federal government’s carbon tax, but Justice Lauwers wrote “that the federal legislative scheme under consideration in those cases is distinctly different from the legislation at issue in this appeal.”

“Nothing in those decisions impacts this appeal,” the judge added.
 

 

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